Winter v. Carey
Missouri Court of Appeals
Appeal from Jackson Circuit Court.—Son. James S. S lover, Judge. (1) An agent or broker cannot recover a commission from his principal, when he has received pay from the other party without his principal’s consent. Mechem on Agency (1 Ed.), secs. 455, 972; DeSteiger v. Hollington, 17 M’o. App. 382; Robinson v. Jarvis, 25 Mo. App. 421; Reese v. Garth, 36 Mo. App. 641; Chapman v. Currie, 51 Mo. App. 40; Norman v. Roseman, 59 Mo. App. 682; McClure v. Ullman, 102 Mo.
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Appeal from Jackson Circuit Court.—Son. James S. S lover, Judge. (1) An agent or broker cannot recover a commission from his principal, when he has received pay from the other party without his principal’s consent. Mechem on Agency (1 Ed.), secs. 455, 972; DeSteiger v. Hollington, 17 M’o. App. 382; Robinson v. Jarvis, 25 Mo. App. 421; Reese v. Garth, 36 Mo. App. 641; Chapman v. Currie, 51 Mo. App. 40; Norman v. Roseman, 59 Mo. App. 682; McClure v. Ullman, 102 Mo. App. 697; Atlee v. Fink, 75 Mo. 100; Scribner v. Collar, 40 Mich. 375; Walker v. Osgood, 98 Mass. 348; Rice v. Wood, 113 Mass.…
1Opinion of the CourtEllison, J.
Plaintiff is a real estate agent and seeks to recover from defendant $1,250 as commission for leasing for a long term certain of defendant’s real estate in Kansas City to one Medes. He recovered judgment in the trial court for that sum with interest.
It is alleged in the petition that after plaintiff “had procured the arrangement and agreement to be made between defendant and Medes, and in order to save defendant as much of the costs and charges, by way of commission, as possible, he arranged and agreed with said Medes that the latter should. pay of the commission charges the sum of one…
2Cases cited8 opinions
- Rice v. WoodMassachusetts Supreme Judicial Court · 1873
- Scribner v. CollarMichigan Supreme Court · 1879
- Walker v. OsgoodMassachusetts Supreme Judicial Court · 1867
- Atlee v. FinkSupreme Court of Missouri · 1881
- DeSteiger v. HollingtonMissouri Court of Appeals · 1885
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- HARRY M. FINE REALTY COMPANY v. StiersMissouri Court of Appeals · 1959
- Burton v. PET, INCORPORATEDSupreme Court of Missouri · 1974
- Madden v. Cheshire Provident InstitutionSupreme Court of Kansas · 1908
- Stanton v. RICH BAKER BERMAN & CO., PADistrict Court, D. New Jersey · 1995